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How to Submit a Late Filing for Temporary Protected Status (TPS)

Temporary Protected Status (TPS) is an extraordinary immigration benefit granted by the United States Department of Homeland Security (DHS) to people from certain countries. Immigrants from TPS nations such as El Salvador, Haiti, Honduras, and Somalia may apply for this benefit, which allows them to lawfully remain in the U.S. and be able to work under some circumstances.

Immigrants who qualify for TPS must already be in the U.S. during the designation period. For example, the designation date for immigrants from Honduras started in early 1999 and is set to expire on July 5th, 2016. Each TPS nation has its own registration period, which may be followed by a re-registration period. In the case of Honduras, re-registration took place from October 16th, 2014 until December 15th, 2014. Any attempts to re-register after the period has ended must be carefully handled as a late filing.

TPS immigrants who missed the deadline for re-registration must follow a certain process to ensure that they can continue to enjoy their benefits. Failure to re-register could compromise their future in the U.S. and could even become grounds for deportation. A press release issued by the U.S. Citizenship and Immigration Services (USCIS) on March 11th, 2015, reminds eligible immigrants that they must show good cause for their late filing.

To establish good cause for a late re-registration for TPS, it is crucial that immigrants include a letter that provides a clear explanation for the late filing. Failure to include such letter along with the late filing application package could result in a delay that may compromise the Employment Authorization Document (EAD).

There are a few valid reasons that can be explained on the letter to USCIS; the most common reason is that the TPS immigrant was actually applying for asylum of for an adjustment of status that will change his or her situation into one of conditional residency. If such an application was declined, the affected immigrant may submit a late application for TPS re-registration within 60 days of the deadline. Another common reason is that the applicant was the child of an immigrant eligible for TPS, but whose life situation changed to that of an adult or a married person.

A late filing for TPS re-registration is a delicate transaction that should be preferably handled by a legal professional who is experienced with USCIS matters. For more information, call 858-874-0711 and request a free immigration consultation with one of the professional San Diego immigration lawyers at Kazmi and Sakata.


September 2023